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MATTER OF BLISS v. BLISS

107 A.D.2d 394 (1985)

In the Matter of Virginia R. Bliss, Respondent, v. Richard M. Bliss, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1985

Attorney(s) appearing for the Case

William G. O'Donnell of counsel (O'Donnell, Fox, Gartner & Sobolewski, P. C., attorneys), for appellant.

Noreen M. Giusti of counsel (Larry A. Sonnenshein with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondent.

MURPHY, P. J., KUPFERMAN, ROSS and MILONAS, JJ., concur.

CARRO, J.

In 1938 the Legislature amended Civil Practice Act § 1159, as now expressed in Domestic Relations Law § 248, to overcome the prior bar to termination of alimony where the spouse has remarried. That section goes on to provide for the termination of alimony payments where a former husband offers "proof that the [former] wife is habitually living with another man and holding herself out as his wife, although not married to such man"....

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